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In the know: Top 5 contract law developments for 2019
<p><strong>When:Tuesday 2 July 2019</strong></p> <p><strong>Where:Travers Smith, 10 Snow Hill, London, EC1A 2AL</strong></p> <p><strong>Time:8.30am - Registration<br /> 9am - Seminar begins<br /> 10am - Finish</strong></p> <p><strong>We would be delighted if you could join us for our upcoming seminar, aimed at in-house lawyers at all levels and others negotiating commercial contracts.</strong></p> <p>The seminar will cover five key developments with significant implications for commercial contracts:</p> <ul> <li>The concept of "relational contracts" and why it's a potential game-changer</li> <li>Brexit, force majeure and material adverse change clauses</li> <li>Pricing and exclusivity - yet more pitfalls for the unwary</li> <li>Liability, non-reliance clauses and penalty clauses - where are we now?</li> <li>Contracting with smaller businesses: how to avoid being "named and shamed"</li> </ul> <p><strong>Register today! </strong></p> <p> </p>
Straight to the point of dispute resolution: Singapore Mediation Convention - the enforcement
Adrian Lifely is a Partner at Osborne Clarke specialising in complex international arbitration and in commercial litigation. Adrian is also a CEDR
FIDIC claims notification provisions: Hong Kong High Court guidance
A recent decision of the Hong Kong High Court has considered the effect of claims notification provisions which require a contractor to state the
Court of Appeal determines that negative declaratory arbitration awards are enforceable
A recent Court of Appeal case addressed whether a negative declaratory arbitration award is enforceable. The decision emphasises the narrow grounds
Arbitral award set aside for violation of due process
In a recent decision, the Supreme Court confirmed that Section 34(7) of the Arbitration Act - under which an arbitral award must be set aside if an
Dispute resolution for multi-contract projects: avoiding parallel proceedings and conflicting decisions
Construction contracts are often part of a wider suite of project contracts, involving multiple, overlapping parties. This intertwined suite of
State court not obliged to review arbitral case file
In post-arbitral proceedings, parties challenging an unfavourable award or its enforcement often argue that they were deprived of the right to present
West Virginia high court: Insufficient facts to determine whether arbitration agreement can be enforced
On May 17, the West Virginia Supreme Court of Appeals vacated a state circuit court’s ruling to deny a motion to compel arbitration in a case related
Disclosure in international arbitration: using US courts to obtain discovery for non-US proceedings
Unbeknown to many, Section 1782 of Title 28 of the US Code permits parties to obtain discovery in the United States in aid of non-US legal proceedings
Beware International Laws and Conventions
A recent Fifth Circuit case upholds the enforceability of arbitration clauses in international agreements, even in the face of state law holding
UAE Law: Choice of governing law and jurisdiction
This is especially obvious with regards to worldwide business transactions. Contracts are closed between two parties sitting in two different parts of
Challenging the jurisdiction of an adjudicator - update
The case of Hitachi Zosen Inova AG v John Sisk & Son Ltd, has provided clarification when challenging the jurisdiction of an adjudicator, where it is
Risk of dissipation - upheld as a principle for granting a stay of execution
The recent Court of Appeal decision in Gosvenor London Ltd v Aygun Aluminium UK Ltd 2018 EWCA Civ 2695 has upheld the first instance decision which
Enforcing South African judgments in two key jurisdictions: England and the US
Favourable judgment in hand, South African litigants would be forgiven for thinking their victory is all but won. Those looking to execute rulings
Further encouragement from the English courts to pursue international disputes there
The recent decision of the English Supreme Court in Vedanta Resources PLC v Lungowe and others provides a further example of the willingness of the
Divorce 101: how to keep family affairs out of the papers
Whilst playing ‘happy families‘ in public can be good for one’s reputation, in reality many high-net-worth families have complex and sensitive
Re-Writing the Rules: The International Centre for Settlement of Investment Disputes (ICSID) Updating Rules to Modernize and Streamline ICSID Proceedings
The ICSID describes itself as the “world’s leading institution devoted to international investment dispute settlement” and highlights that numerous
Jurisdictional challenges to arbitral awards: raise them before they're gone
The Ontario Superior Court of Justice recently provided a comprehensive judicial review of a jurisdictional challenge to an arbitral award. This
Moot - an interpretation and application of the principle in the context of an application for judicial review
This case considers when an application for judicial review will be moot and, if so, when the court will nonetheless exercise its residual discretion
New decision may deprive commissioner discretion to refuse legal representation in CCMA and bargaining council arbitration proceedings
A recent landmark decision of the of the South African Metal and Engineering Industries Bargaining Council could see Commission for
MeToo: Rapid Legal Developments But Considerable Uncertainty Remains
The MeToo movement sparked a legislative response that continues to spread across the country. In the absence of significant federal legislation
Finally a Level Playing Field in Thai Arbitrations?
The use of guerrilla tactics in disputes in Thailand has long been a popular topic of discussion amongst regional arbitration practitioners in
China Offices Legal Flash May 2019
On April 2, 2019, the Department of Justice of the HKSAR and the PRC Supreme People's Court signed the Arrangement Concerning Mutual Assistance in
Massachusetts Consumer Data Privacy Bill Could Dramatically Expand Class Action Litigation Risk
Earlier this year, Massachusetts state senators introduced a consumer data privacy bill with a private right of action that could become the broadest
Supreme Court: Like School on Saturday, an Ambiguous Arbitration Agreement Has No Class (Arbitration)
In Lamps Plus, Inc. v. Varela, No. 17-988 (Apr. 24, 2019), the Supreme Court held that because of the “fundamental” differences between individual
Michael Best Wins Dispute for Bitcoin Mogul Jered Kenna
Michael Best secured an arbitration win for a dispute over a cryptocurrency trade on behalf of its client Jered Kenna, a startup and digital
Court Rules: Continued Employment Supports Consent To Arbitrate
On April 10, 2019, the California Court of Appeals, Second District, in Diaz v. Sohnen Enterprises, 2019 S.O.S. 1722, ruled that an employee
Arbitration Clause in Beer Distribution Agreement Enforced by the Virginia ABC
On May 7, 2019, the Virginia Department of Alcoholic Beverage Control (VABC) published a decision confirming the enforceability of arbitration clauses
“Despite Notice-Prejudice Rule Win, Insureds Should Stay Wary,” Insurance Law Update
In pursuing coverage under a variety of types of insurance policies, policyholders may confront an issue of proper notice of claim. Specifically, as a
The impact of burden of proof findings on future adjudications
The Court of Appeal has last week granted permission for the appeal of a TCC decision in relation to burden of proof findings made by an adjudicator